|FAIR WORK COMMISSION|
Fair Work Act 2009
cl.48 of Schedule 1—Variations of modern awards
Casual terms award review 2021
AGED CARE AWARD 2010
Aged care industry
VICE PRESIDENT HATCHER
SYDNEY,27 SEPTEMBER 2021
Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Act 2021–casual amendments –review of modern awards –Aged Care Award 2010 –award varied.
A. Pursuant to clause 48 of Schedule 1 to the Fair Work Act 2009 and the decision issued by the Full Bench on 27 September 2021 [ FWCFB 6008],the above award is varied as follows:
1. By inserting the following definition in clause 3.1 in alphabetical order:
casual employee has the meaning given by section 15A of the Act.
2. By inserting the following definition in clause 3.1 in alphabetical order:
regular casual employee has the meaning given by section 12 of the Act.
3. By deleting clause 10.4(a) and inserting the following:
(a) A casual employee may work up to and including 38 ordinary hours per week.
4. By deleting clause 10.5 and inserting the following:
10.5 Offers and requests for casual conversion
Offers and requests for conversion from casual employment to full-time or part-time employment are provided for in the NES.
NOTE:Disputes about offers and requests for casual conversion under the NES are to be dealt with under clause 9—Dispute resolution.
5. By replacing the words ‘regular and systematic casual employee’appearing in clause 14.4(c) with the words ‘regular casual employee’.
6. By updating the cross references accordingly.
B. This determination comes into operation and takes effect on 27 September 2021.